Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to invalidity of decree - When Court does not lack inherent jurisdiction, objection as to invalidity cannot be raised at execution stage or in collateral proceedings - Decree would remain a valid decree until it is set aside in appeal or SLP before Supreme Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to validity of a decree - Validity of decree can be challenged in executing proceedings only on the ground that Court which passed decree was lacking inherent jurisdiction in the sense that it could not have seisin of case...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to validity of a decree - Suit for specific performance was maintainable only before civil Court - Therefore Court did not lack inherent jurisdiction and decree in such a case would not be nullity and not open to challenge in execution proceedings - Objection rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for declaration and permanent injunction sought in respect of property as thika tenancy - Thika tenancy is to be entertained by Thika controller - No civil Court shall have jurisdiction to decide or deal with any such matter which required to be determined by Controller - Suit is..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Exercise of discretion by permitting DH to deposit amount having regard to averments made in application U.O.21.R.34 CPC seeking permission to deposit amount is within power and jurisdiction of Court u/s 28 of the Act...........
Criminal Procedure Code, 1973, Section 439, 154 -- Bail - Multiple FIRs - Arising out of same subject matter at different places - Petitioner directly granted bail by Supreme Court in exercise of its writ jurisdiction under Art.32 of Constitution...........
Civil Procedure Code, 1908, Section 9 -- House Tax - Dispute qua assessment - Jurisdiction of civil Court is not barred regarding dispute qua assessment of house tax...........
Civil Procedure Code, 1908, Section 152 -- Amendment of plaint - Civil Court can permit an amendment of plaint to enable a proper description of plaintiffs to appear in it in order to assist Court in determining real question or issue between parties invoking jurisdiction u/s 153 CPC...........
Criminal Procedure Code, 1973, Section 362, 482 -- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
